Bill Text: IL SB1353 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Department of State Police (instead of the Department of Transportation in conjunction with the Department of State Police) shall administer the Law. Amends the Illinois Hazardous Materials Transportation Act to provide that the Department of State Police (instead of the Department of Transportation) shall administer the Act. Amends the State Finance Act. Provides that, beginning fiscal year 2020, no road fund money shall be appropriated to the Department of State Police, except money appropriated each fiscal year to implement and fulfill the requirements of the Motor Carrier Safety Assistance Program, not to exceed the annual allocation plus 25% from the Federal Motor Carrier Safety Administration. Effective July 1, 2019.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1353 Detail]

Download: Illinois-2019-SB1353-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1353

Introduced 2/13/2019, by Sen. Brian W. Stewart

SYNOPSIS AS INTRODUCED:
30 ILCS 105/8.3 from Ch. 127, par. 144.3
430 ILCS 30/2 from Ch. 95 1/2, par. 700-2
430 ILCS 30/3 from Ch. 95 1/2, par. 700-3
625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101
625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102
625 ILCS 5/18b-104 from Ch. 95 1/2, par. 18b-104
625 ILCS 5/18b-109 from Ch. 95 1/2, par. 18b-109

Amends the Illinois Motor Carrier Safety Law of the Illinois Vehicle Code. Provides that the Department of State Police (instead of the Department of Transportation in conjunction with the Department of State Police) shall administer the Law. Amends the Illinois Hazardous Materials Transportation Act to provide that the Department of State Police (instead of the Department of Transportation) shall administer the Act. Amends the State Finance Act. Provides that, beginning fiscal year 2020, no road fund money shall be appropriated to the Department of State Police, except money appropriated each fiscal year to implement and fulfill the requirements of the Motor Carrier Safety Assistance Program, not to exceed the annual allocation plus 25% from the Federal Motor Carrier Safety Administration. Effective July 1, 2019.
LRB101 07169 TAE 52207 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1353LRB101 07169 TAE 52207 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Finance Act is amended by changing
5Section 8.3 as follows:
6 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
7 Sec. 8.3. Money in the Road Fund shall, if and when the
8State of Illinois incurs any bonded indebtedness for the
9construction of permanent highways, be set aside and used for
10the purpose of paying and discharging annually the principal
11and interest on that bonded indebtedness then due and payable,
12and for no other purpose. The surplus, if any, in the Road Fund
13after the payment of principal and interest on that bonded
14indebtedness then annually due shall be used as follows:
15 first -- to pay the cost of administration of Chapters
16 2 through 10 of the Illinois Vehicle Code, except the cost
17 of administration of Articles I and II of Chapter 3 of that
18 Code; and
19 secondly -- for expenses of the Department of
20 Transportation for construction, reconstruction,
21 improvement, repair, maintenance, operation, and
22 administration of highways in accordance with the
23 provisions of laws relating thereto, or for any purpose

SB1353- 2 -LRB101 07169 TAE 52207 b
1 related or incident to and connected therewith, including
2 the separation of grades of those highways with railroads
3 and with highways and including the payment of awards made
4 by the Illinois Workers' Compensation Commission under the
5 terms of the Workers' Compensation Act or Workers'
6 Occupational Diseases Act for injury or death of an
7 employee of the Division of Highways in the Department of
8 Transportation; or for the acquisition of land and the
9 erection of buildings for highway purposes, including the
10 acquisition of highway right-of-way or for investigations
11 to determine the reasonably anticipated future highway
12 needs; or for making of surveys, plans, specifications and
13 estimates for and in the construction and maintenance of
14 flight strips and of highways necessary to provide access
15 to military and naval reservations, to defense industries
16 and defense-industry sites, and to the sources of raw
17 materials and for replacing existing highways and highway
18 connections shut off from general public use at military
19 and naval reservations and defense-industry sites, or for
20 the purchase of right-of-way, except that the State shall
21 be reimbursed in full for any expense incurred in building
22 the flight strips; or for the operating and maintaining of
23 highway garages; or for patrolling and policing the public
24 highways and conserving the peace; or for the operating
25 expenses of the Department relating to the administration
26 of public transportation programs; or, during fiscal year

SB1353- 3 -LRB101 07169 TAE 52207 b
1 2012 only, for the purposes of a grant not to exceed
2 $8,500,000 to the Regional Transportation Authority on
3 behalf of PACE for the purpose of ADA/Para-transit
4 expenses; or, during fiscal year 2013 only, for the
5 purposes of a grant not to exceed $3,825,000 to the
6 Regional Transportation Authority on behalf of PACE for the
7 purpose of ADA/Para-transit expenses; or, during fiscal
8 year 2014 only, for the purposes of a grant not to exceed
9 $3,825,000 to the Regional Transportation Authority on
10 behalf of PACE for the purpose of ADA/Para-transit
11 expenses; or, during fiscal year 2015 only, for the
12 purposes of a grant not to exceed $3,825,000 to the
13 Regional Transportation Authority on behalf of PACE for the
14 purpose of ADA/Para-transit expenses; or, during fiscal
15 year 2016 only, for the purposes of a grant not to exceed
16 $3,825,000 to the Regional Transportation Authority on
17 behalf of PACE for the purpose of ADA/Para-transit
18 expenses; or, during fiscal year 2017 only, for the
19 purposes of a grant not to exceed $3,825,000 to the
20 Regional Transportation Authority on behalf of PACE for the
21 purpose of ADA/Para-transit expenses; or, during fiscal
22 year 2018 only, for the purposes of a grant not to exceed
23 $3,825,000 to the Regional Transportation Authority on
24 behalf of PACE for the purpose of ADA/Para-transit
25 expenses; or, during fiscal year 2019 only, for the
26 purposes of a grant not to exceed $3,825,000 to the

SB1353- 4 -LRB101 07169 TAE 52207 b
1 Regional Transportation Authority on behalf of PACE for the
2 purpose of ADA/Para-transit expenses; or for any of those
3 purposes or any other purpose that may be provided by law.
4 Appropriations for any of those purposes are payable from
5the Road Fund. Appropriations may also be made from the Road
6Fund for the administrative expenses of any State agency that
7are related to motor vehicles or arise from the use of motor
8vehicles.
9 Beginning with fiscal year 1980 and thereafter, no Road
10Fund monies shall be appropriated to the following Departments
11or agencies of State government for administration, grants, or
12operations; but this limitation is not a restriction upon
13appropriating for those purposes any Road Fund monies that are
14eligible for federal reimbursement:
15 1. Department of Public Health;
16 2. Department of Transportation, only with respect to
17 subsidies for one-half fare Student Transportation and
18 Reduced Fare for Elderly, except during fiscal year 2012
19 only when no more than $40,000,000 may be expended and
20 except during fiscal year 2013 only when no more than
21 $17,570,300 may be expended and except during fiscal year
22 2014 only when no more than $17,570,000 may be expended and
23 except during fiscal year 2015 only when no more than
24 $17,570,000 may be expended and except during fiscal year
25 2016 only when no more than $17,570,000 may be expended and
26 except during fiscal year 2017 only when no more than

SB1353- 5 -LRB101 07169 TAE 52207 b
1 $17,570,000 may be expended and except during fiscal year
2 2018 only when no more than $17,570,000 may be expended and
3 except during fiscal year 2019 only when no more than
4 $17,570,000 may be expended;
5 3. Department of Central Management Services, except
6 for expenditures incurred for group insurance premiums of
7 appropriate personnel;
8 4. Judicial Systems and Agencies.
9 Beginning with fiscal year 1981 and thereafter, no Road
10Fund monies shall be appropriated to the following Departments
11or agencies of State government for administration, grants, or
12operations; but this limitation is not a restriction upon
13appropriating for those purposes any Road Fund monies that are
14eligible for federal reimbursement:
15 1. Department of State Police, except for expenditures
16 with respect to the Division of Operations;
17 2. Department of Transportation, only with respect to
18 Intercity Rail Subsidies, except during fiscal year 2012
19 only when no more than $40,000,000 may be expended and
20 except during fiscal year 2013 only when no more than
21 $26,000,000 may be expended and except during fiscal year
22 2014 only when no more than $38,000,000 may be expended and
23 except during fiscal year 2015 only when no more than
24 $42,000,000 may be expended and except during fiscal year
25 2016 only when no more than $38,300,000 may be expended and
26 except during fiscal year 2017 only when no more than

SB1353- 6 -LRB101 07169 TAE 52207 b
1 $50,000,000 may be expended and except during fiscal year
2 2018 only when no more than $52,000,000 may be expended and
3 except during fiscal year 2019 only when no more than
4 $52,000,000 may be expended, and Rail Freight Services.
5 Beginning with fiscal year 1982 and thereafter, no Road
6Fund monies shall be appropriated to the following Departments
7or agencies of State government for administration, grants, or
8operations; but this limitation is not a restriction upon
9appropriating for those purposes any Road Fund monies that are
10eligible for federal reimbursement: Department of Central
11Management Services, except for awards made by the Illinois
12Workers' Compensation Commission under the terms of the
13Workers' Compensation Act or Workers' Occupational Diseases
14Act for injury or death of an employee of the Division of
15Highways in the Department of Transportation.
16 Beginning with fiscal year 1984 and thereafter, no Road
17Fund monies shall be appropriated to the following Departments
18or agencies of State government for administration, grants, or
19operations; but this limitation is not a restriction upon
20appropriating for those purposes any Road Fund monies that are
21eligible for federal reimbursement:
22 1. Department of State Police, except not more than 40%
23 of the funds appropriated for the Division of Operations;
24 2. State Officers.
25 Beginning with fiscal year 1984 and thereafter, no Road
26Fund monies shall be appropriated to any Department or agency

SB1353- 7 -LRB101 07169 TAE 52207 b
1of State government for administration, grants, or operations
2except as provided hereafter; but this limitation is not a
3restriction upon appropriating for those purposes any Road Fund
4monies that are eligible for federal reimbursement. It shall
5not be lawful to circumvent the above appropriation limitations
6by governmental reorganization or other methods.
7Appropriations shall be made from the Road Fund only in
8accordance with the provisions of this Section.
9 Money in the Road Fund shall, if and when the State of
10Illinois incurs any bonded indebtedness for the construction of
11permanent highways, be set aside and used for the purpose of
12paying and discharging during each fiscal year the principal
13and interest on that bonded indebtedness as it becomes due and
14payable as provided in the Transportation Bond Act, and for no
15other purpose. The surplus, if any, in the Road Fund after the
16payment of principal and interest on that bonded indebtedness
17then annually due shall be used as follows:
18 first -- to pay the cost of administration of Chapters
19 2 through 10 of the Illinois Vehicle Code; and
20 secondly -- no Road Fund monies derived from fees,
21 excises, or license taxes relating to registration,
22 operation and use of vehicles on public highways or to
23 fuels used for the propulsion of those vehicles, shall be
24 appropriated or expended other than for costs of
25 administering the laws imposing those fees, excises, and
26 license taxes, statutory refunds and adjustments allowed

SB1353- 8 -LRB101 07169 TAE 52207 b
1 thereunder, administrative costs of the Department of
2 Transportation, including, but not limited to, the
3 operating expenses of the Department relating to the
4 administration of public transportation programs, payment
5 of debts and liabilities incurred in construction and
6 reconstruction of public highways and bridges, acquisition
7 of rights-of-way for and the cost of construction,
8 reconstruction, maintenance, repair, and operation of
9 public highways and bridges under the direction and
10 supervision of the State, political subdivision, or
11 municipality collecting those monies, or during fiscal
12 year 2012 only for the purposes of a grant not to exceed
13 $8,500,000 to the Regional Transportation Authority on
14 behalf of PACE for the purpose of ADA/Para-transit
15 expenses, or during fiscal year 2013 only for the purposes
16 of a grant not to exceed $3,825,000 to the Regional
17 Transportation Authority on behalf of PACE for the purpose
18 of ADA/Para-transit expenses, or during fiscal year 2014
19 only for the purposes of a grant not to exceed $3,825,000
20 to the Regional Transportation Authority on behalf of PACE
21 for the purpose of ADA/Para-transit expenses, or during
22 fiscal year 2015 only for the purposes of a grant not to
23 exceed $3,825,000 to the Regional Transportation Authority
24 on behalf of PACE for the purpose of ADA/Para-transit
25 expenses, or during fiscal year 2016 only for the purposes
26 of a grant not to exceed $3,825,000 to the Regional

SB1353- 9 -LRB101 07169 TAE 52207 b
1 Transportation Authority on behalf of PACE for the purpose
2 of ADA/Para-transit expenses, or during fiscal year 2017
3 only for the purposes of a grant not to exceed $3,825,000
4 to the Regional Transportation Authority on behalf of PACE
5 for the purpose of ADA/Para-transit expenses, or during
6 fiscal year 2018 only for the purposes of a grant not to
7 exceed $3,825,000 to the Regional Transportation Authority
8 on behalf of PACE for the purpose of ADA/Para-transit
9 expenses, or during fiscal year 2019 only for the purposes
10 of a grant not to exceed $3,825,000 to the Regional
11 Transportation Authority on behalf of PACE for the purpose
12 of ADA/Para-transit expenses, and the costs for patrolling
13 and policing the public highways (by State, political
14 subdivision, or municipality collecting that money) for
15 enforcement of traffic laws. The separation of grades of
16 such highways with railroads and costs associated with
17 protection of at-grade highway and railroad crossing shall
18 also be permissible.
19 Appropriations for any of such purposes are payable from
20the Road Fund or the Grade Crossing Protection Fund as provided
21in Section 8 of the Motor Fuel Tax Law.
22 Except as provided in this paragraph, beginning with fiscal
23year 1991 and thereafter, no Road Fund monies shall be
24appropriated to the Department of State Police for the purposes
25of this Section in excess of its total fiscal year 1990 Road
26Fund appropriations for those purposes unless otherwise

SB1353- 10 -LRB101 07169 TAE 52207 b
1provided in Section 5g of this Act. For fiscal years 2003,
22004, 2005, 2006, and 2007 only, no Road Fund monies shall be
3appropriated to the Department of State Police for the purposes
4of this Section in excess of $97,310,000. For fiscal year 2008
5only, no Road Fund monies shall be appropriated to the
6Department of State Police for the purposes of this Section in
7excess of $106,100,000. For fiscal year 2009 only, no Road Fund
8monies shall be appropriated to the Department of State Police
9for the purposes of this Section in excess of $114,700,000.
10Beginning in fiscal year 2020 2010, no road fund moneys shall
11be appropriated to the Department of State Police, except money
12appropriated from the General Assembly each fiscal year to
13implement and fulfill the requirements of the Motor Carrier
14Safety Assistance Program, not to exceed the annual allocation
15plus 25% from the Federal Motor Carrier Safety Administration.
16It shall not be lawful to circumvent this limitation on
17appropriations by governmental reorganization or other methods
18unless otherwise provided in Section 5g of this Act.
19 In fiscal year 1994, no Road Fund monies shall be
20appropriated to the Secretary of State for the purposes of this
21Section in excess of the total fiscal year 1991 Road Fund
22appropriations to the Secretary of State for those purposes,
23plus $9,800,000. It shall not be lawful to circumvent this
24limitation on appropriations by governmental reorganization or
25other method.
26 Beginning with fiscal year 1995 and thereafter, no Road

SB1353- 11 -LRB101 07169 TAE 52207 b
1Fund monies shall be appropriated to the Secretary of State for
2the purposes of this Section in excess of the total fiscal year
31994 Road Fund appropriations to the Secretary of State for
4those purposes. It shall not be lawful to circumvent this
5limitation on appropriations by governmental reorganization or
6other methods.
7 Beginning with fiscal year 2000, total Road Fund
8appropriations to the Secretary of State for the purposes of
9this Section shall not exceed the amounts specified for the
10following fiscal years:
11 Fiscal Year 2000$80,500,000;
12 Fiscal Year 2001$80,500,000;
13 Fiscal Year 2002$80,500,000;
14 Fiscal Year 2003$130,500,000;
15 Fiscal Year 2004$130,500,000;
16 Fiscal Year 2005$130,500,000;
17 Fiscal Year 2006 $130,500,000;
18 Fiscal Year 2007 $130,500,000;
19 Fiscal Year 2008$130,500,000;
20 Fiscal Year 2009 $130,500,000.
21 For fiscal year 2010, no road fund moneys shall be
22appropriated to the Secretary of State.
23 Beginning in fiscal year 2011, moneys in the Road Fund
24shall be appropriated to the Secretary of State for the
25exclusive purpose of paying refunds due to overpayment of fees
26related to Chapter 3 of the Illinois Vehicle Code unless

SB1353- 12 -LRB101 07169 TAE 52207 b
1otherwise provided for by law.
2 It shall not be lawful to circumvent this limitation on
3appropriations by governmental reorganization or other
4methods.
5 No new program may be initiated in fiscal year 1991 and
6thereafter that is not consistent with the limitations imposed
7by this Section for fiscal year 1984 and thereafter, insofar as
8appropriation of Road Fund monies is concerned.
9 Nothing in this Section prohibits transfers from the Road
10Fund to the State Construction Account Fund under Section 5e of
11this Act; nor to the General Revenue Fund, as authorized by
12Public Act 93-25.
13 The additional amounts authorized for expenditure in this
14Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
15shall be repaid to the Road Fund from the General Revenue Fund
16in the next succeeding fiscal year that the General Revenue
17Fund has a positive budgetary balance, as determined by
18generally accepted accounting principles applicable to
19government.
20 The additional amounts authorized for expenditure by the
21Secretary of State and the Department of State Police in this
22Section by Public Act 94-91 shall be repaid to the Road Fund
23from the General Revenue Fund in the next succeeding fiscal
24year that the General Revenue Fund has a positive budgetary
25balance, as determined by generally accepted accounting
26principles applicable to government.

SB1353- 13 -LRB101 07169 TAE 52207 b
1(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
2100-587, eff. 6-4-18; 100-863, eff.8-14-18.)
3 Section 10. The Illinois Hazardous Materials
4Transportation Act is amended by changing Sections 2 and 3 as
5follows:
6 (430 ILCS 30/2) (from Ch. 95 1/2, par. 700-2)
7 Sec. 2. It is the finding of the General Assembly that
8hazardous materials are essential for various industrial,
9commercial and other purposes; that their transportation is a
10necessary incident to their use; and that such transportation
11is required for the employment and economic prosperity of the
12People of the State of Illinois.
13 It is therefore declared to be the policy of the General
14Assembly to improve the regulatory and enforcement authority of
15the Department of State Police Transportation to protect the
16People of the State of Illinois against the risk to life and
17property inherent in the transportation of hazardous materials
18over highways by keeping such risk to a minimum consistent with
19technical feasibility and economic reasonableness.
20 It is not the intent of the General Assembly to regulate
21the movement of hazardous materials in such quantities that
22would not pose a substantial danger to the public health and
23safety, such as fuels, fertilizer and agricultural chemicals
24while being used in a normal farming operation or in transit to

SB1353- 14 -LRB101 07169 TAE 52207 b
1the farm.
2(Source: P.A. 80-351.)
3 (430 ILCS 30/3) (from Ch. 95 1/2, par. 700-3)
4 Sec. 3. Unless the context otherwise clearly requires, as
5used in this Act:
6 "Commerce" means trade, traffic, commerce or
7transportation within the State;
8 "Department" means the Illinois Department of State Police
9Transportation;
10 "Discharge" means leakage, seepage, or other release;
11 "Hazardous material" means a substance or material in a
12quantity and form determined by the United States Department of
13Transportation to be capable of posing an unreasonable risk to
14health and safety or property when transported in commerce;
15 "Knowingly" means a person has actual knowledge of the
16facts giving rise to the violation or a reasonable person
17acting in the circumstances and exercising due care would have
18such knowledge;
19 "Law Enforcement Officials" means the Illinois State
20Police or any duly authorized employees of a local governmental
21agency who are primarily responsible for prevention or
22detection of crime and enforcement of the criminal code and the
23highway and traffic laws of this State or any political
24subdivision of such State;
25 "Person" means any natural person or individual,

SB1353- 15 -LRB101 07169 TAE 52207 b
1governmental body, firm, association, partnership,
2copartnership, joint venture, company, corporation, joint
3stock company, trust, estate or any other legal entity or their
4legal representative, agent or assigns;
5 "Transports" or "transportation" means any movement of
6property over the highway and any loading, unloading or storage
7incidental to such movement.
8(Source: P.A. 90-263, eff. 7-30-97.)
9 Section 15. The Illinois Vehicle Code is amended by
10changing Sections 18b-101, 18b-102, 18b-104, and 18b-109 as
11follows:
12 (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
13 Sec. 18b-101. Definitions. Unless the context otherwise
14clearly requires, as used in this Chapter:
15 "Agricultural commodities" means any agricultural
16commodity, non-processed food, feed, fiber, or livestock,
17including insects.
18 "Agricultural operations" means the operation of a motor
19vehicle or combination of vehicles transporting agricultural
20commodities or farm supplies for agricultural purposes.
21 "Air mile" means a nautical mile, which is equivalent to
226,076 feet or 1,852 meters. Accordingly, 100 air miles are
23equivalent to 115.08 statute miles or 185.2 kilometers.
24 "Commercial motor vehicle" means any self propelled or

SB1353- 16 -LRB101 07169 TAE 52207 b
1towed vehicle used on public highways in interstate and
2intrastate commerce to transport passengers or property when
3the vehicle has a gross vehicle weight, a gross vehicle weight
4rating, a gross combination weight, or a gross combination
5weight rating of 10,001 or more pounds; or the vehicle is used
6or designed to transport more than 15 passengers, including the
7driver; or the vehicle is designed to carry 15 or fewer
8passengers and is operated by a contract carrier transporting
9employees in the course of their employment on a highway of
10this State; or the vehicle is used or designed to transport
11between 9 and 15 passengers, including the driver, for direct
12compensation; or the vehicle is used in the transportation of
13hazardous materials in a quantity requiring placarding under
14the Illinois Hazardous Materials Transportation Act. This
15definition shall not include farm machinery, fertilizer
16spreaders, and other special agricultural movement equipment
17described in Section 3-809 nor implements of husbandry as
18defined in Section 1-130.
19 "Covered farm vehicle", for purposes of this Chapter and
20rule-making under this Chapter, means a straight truck or
21articulated vehicle, excluding vehicles transporting hazardous
22materials of a type or quantity that requires the vehicle to be
23placarded in accordance with the Illinois Hazardous Materials
24Transportation Act, registered in this State or another state
25and equipped with a special license plate or other designation
26by the state in which the vehicle is registered identifying the

SB1353- 17 -LRB101 07169 TAE 52207 b
1vehicle as a covered farm vehicle for law enforcement personnel
2and:
3 (1) is operated by a farm or ranch owner or operator,
4 or an employee or family member of the farm or ranch owner
5 or operator; and
6 (2) is being used to transport the following to or from
7 a farm or ranch:
8 (A) agricultural commodities;
9 (B) livestock; or
10 (C) machinery or supplies; and
11 (3) if registered in this State, is:
12 (A) registered as a farm truck under subsection (c)
13 of Section 3-815 of this Code; or
14 (B) operated in combination as an articulated
15 vehicle when the truck in the combination is registered
16 for 12,000 lbs. or less as a covered farm vehicle under
17 subsections (a) and (a-5) of Section 3-815 of this Code
18 or subsection (a) of Section 3-818 of this Code and
19 contains in the cab of the motor vehicle a registration
20 designating the vehicle as a covered farm vehicle under
21 subsections (a) and (a-5) of Section 3-815 of this Code
22 and the trailer in the combination is registered as a
23 farm trailer under subsection (a) of Section 3-819 of
24 this Code and displays a farm registration license
25 plate; or
26 (C) a truck registered for 12,000 lbs. or less as a

SB1353- 18 -LRB101 07169 TAE 52207 b
1 covered farm vehicle under subsections (a) and (a-5) of
2 Section 3-815 of this Code or subsection (a) of Section
3 3-818 of this Code containing in the cab of the motor
4 vehicle a registration designating the vehicle as a
5 covered farm vehicle under subsections (a) and (a-5) of
6 Section 3-815 of this Code that is towing an implement
7 of husbandry as part of a farming operation; and
8 (4) is not used in for-hire motor carrier operations;
9 however, for-hire motor carrier operations do not include
10 the operation of a vehicle meeting the definition of a
11 covered farm vehicle by a tenant pursuant to a crop share
12 farm lease agreement to transport the landlord's portion of
13 the crops under that agreement; and
14 (5) has a gross vehicle weight rating (GVWR), a gross
15 combination weight rating (GCWR), or a gross vehicle weight
16 or gross vehicle combination weight, whichever is greater,
17 that is:
18 (A) 26,001 lbs. or less, for vehicles operating in
19 interstate commerce; or
20 (B) greater than 26,001 lbs., operating in
21 interstate commerce and registered in this State; or
22 (C) greater than 26,001 lbs. and traveling
23 interstate within 150 air miles of the farm or ranch
24 for which the vehicle is being operated, regardless of
25 whether it is registered in this State; or
26 (D) greater than 10,000 lbs. and traveling

SB1353- 19 -LRB101 07169 TAE 52207 b
1 intrastate.
2 "Department" means the Department of State Police.
3 "Direct compensation" means payment made to the motor
4carrier by the passengers or a person acting on behalf of the
5passengers for the transportation services provided, and not
6included in a total package charge or other assessment for
7highway transportation services.
8 "Farm supplies for agricultural purposes" means products
9directly related to the growing or harvesting of agricultural
10commodities and livestock feed at any time of the year.
11 "Livestock" means cattle, sheep, goats, swine, poultry
12(including egg-producing poultry), fish used for food, and
13other animals designated by the Secretary of the United States
14Department of Transportation (at his or her sole discretion)
15that are part of a foundation herd (including producing dairy
16cattle) or offspring.
17 "Officer" means Illinois State Police Officer.
18 "Person" means any natural person or individual,
19governmental body, firm, association, partnership,
20copartnership, joint venture, company, corporation, joint
21stock company, trust, estate or any other legal entity or their
22legal representative, agent or assigns.
23(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
24 (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
25 Sec. 18b-102. Authority of Department. To the extent

SB1353- 20 -LRB101 07169 TAE 52207 b
1necessary to administer this Chapter, the Department is
2authorized to:
3 (a) Adopt by reference all or any portion of the Federal
4Motor Carrier Safety Regulations of the United States
5Department of Transportation, as they are now or hereafter
6amended.
7 (b) Conduct investigations; make reports; issue subpoenas;
8conduct hearings; require the production of relevant
9documents, records and property; take depositions; and, in
10conjunction with the Illinois State Police, conduct, directly
11or indirectly, research, development, demonstrations, and
12training activities.
13 (c) Authorize any officer or Department employee to enter
14upon, inspect and examine at reasonable times and in a
15reasonable manner, the records and properties of persons to the
16extent such records and properties relate to the transportation
17by motor vehicle of persons or property.
18 (d) Conduct a continuing review of all aspects of the
19transportation of persons and property by motor vehicle in
20order to determine and recommend appropriate steps to assure
21safe transportation by motor vehicle in Illinois.
22 (e) Administer and enforce the provisions of this Chapter
23and any rules and regulations issued under this Chapter. Only
24the Department Illinois State Police shall be authorized to
25stop and inspect any commercial motor vehicle or driver at any
26time for the purpose of determining compliance with the

SB1353- 21 -LRB101 07169 TAE 52207 b
1provisions of this Chapter or rules and regulations issued
2under this Chapter.
3(Source: P.A. 90-89, eff. 1-1-98.)
4 (625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
5 Sec. 18b-104. Cooperation with State Agencies - Records and
6Data - Availability. The Department shall cooperate with other
7State agencies regulating transportation by motor vehicles and
8may enter into interagency agreements for the purpose of
9sharing data. The Department shall enter into an interagency
10agreement with the Illinois State Police for the purpose of
11enforcing any provisions of this Chapter and the rules and
12regulations issued under this Chapter.
13(Source: P.A. 86-611.)
14 (625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
15 Sec. 18b-109. Enforcement of Rules and Regulations. Only
16the Department Illinois State Police shall enforce the rules
17and regulations issued under this Chapter against drivers and
18persons other than drivers. The Department and the Illinois
19State Police shall enforce the rules and regulations issued
20under this Chapter against persons other than drivers.
21(Source: P.A. 86-611.)
22 Section 99. Effective date. This Act takes effect July 1,
232019.
feedback